Tennessee Supreme Court
Norma L. Teeters, Appellant v. Dr. Doyle E. Currey, Appellee
December 9, 19741974 Tenn. LEXIS 438
Summary
The court held that the malpractice action was not barred because the statute of limitations began when the plaintiff discovered, or reasonably should have discovered, the injury resulting from the allegedly negligent sterilization procedure. The court also held that the physician's affidavit did not establish the absence of a genuine issue of material fact, so summary judgment was improper. Justice Harbison concurred, emphasizing limits on the discovery rule and maintaining that the continuing-negligence allegations were defeated by the absence of an ongoing physician-patient relationship.